Should I hire a lawyer after a motor vehicle accident in Ottawa?

While it's not mandatory to hire a lawyer after a motor vehicle accident, it's highly recommended, especially if you've suffered injuries. Here are some reasons why hiring a legal team like ours may be beneficial: Knowledge and expertise: Our personal injury lawyers specialize in motor vehicle accident cases and understand the legal complexities involved. We have the knowledge and experience to navigate the legal system, assess your case, and provide you with appropriate guidance. Advocacy and protection: Our lawyers will be your advocate, protecting your rights and interests throughout the process. We will handle communications with insurance companies, negotiate settlements, and, if necessary, represent you in court. Maximizing compensation: Our experienced lawyers will work to ensure you receive fair compensation for your injuries, medical expenses, lost wages, pain and suffering, and other damages. We can help you build a strong case and assess the true value of your claim. Reducing stress: Dealing with the aftermath of a motor vehicle accident can be overwhelming, especially if you're injured. By working with our team, you can focus on your recovery while we handle the legal aspects of your case, providing you with peace of mind.

Are there any time limits for filing a lawsuit after a motor vehicle accident in Ottawa?

Yes, there are time limits, known as statutes of limitations, for filing a lawsuit after a motor vehicle accident. These time limits can vary depending on the type of claim and the jurisdiction. In Ontario, the general time limit to file a personal injury lawsuit is two years from the date of the accident.

What types of compensation can I seek after a motor vehicle accident in Ottawa?

After a motor vehicle accident, you may be eligible to seek various types of compensation, depending on the circumstances of your case. Here are some common types of compensation that you can pursue: Medical expenses: You can seek compensation for all reasonable and necessary medical expenses related to your accident, including hospital bills, doctor's visits, surgery costs, prescription medications, rehabilitation, and ongoing medical treatments. Lost wages: If your injuries prevent you from working, you may be entitled to compensation for the income you have lost and the potential earnings you could have made during your recovery period. This includes both past and future lost wages. Pain and suffering: You may be able to seek compensation for the physical and emotional pain, suffering, and distress caused by the accident and your injuries. This includes the impact on your quality of life, loss of enjoyment of activities, and any psychological trauma you have experienced. Rehabilitation and therapy: If your injuries require ongoing rehabilitation, physical therapy, or specialized treatments, you can seek compensation for these expenses. This may include costs associated with occupational therapy, counselling, assistive devices, and home modifications. It's important to consult with our legal team so we can assess your unique and specific situation, evaluate the damages you may be entitled to, and guide you through the process of seeking fair compensation.

Catastrophic Injury

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A serious injury can profoundly affect your life for months or even years. You might require ongoing care as a result, dealing with a prolonged recovery but living with certainty that things will return to normal. Contrastingly, a catastrophic injury may impact you for the rest of your life. You might never regain the sense of independence you had before, living with physical limitations and ongoing mental health effects that will change the way you see yourself and interact with the world around you.

Defining Catastrophic Injuries

In Ontario, an injury is classified as catastrophic if it permanently impairs your ability to live your life the same way you did before the accident.

Catastrophic injuries typically demand extensive medical and rehabilitative care and could possibly lead to mental health issues due to the emotional toll they can take. While seeking support from medical professionals and therapists, individuals might still find it challenging to re-enter the workforce in the same capacity as before the accident. Daily routines, familial responsibilities, and recreational activities might also undergo changes. In some instances, assistance might be required for routine activities like dressing, eating, and mobility.

Determining Catastrophe

Catastrophic injuries can stem from a diverse range of incidents, each carrying the potential for long-lasting and devastating impacts beyond physical problems. Common occurrences include:

Motor vehicle accidents, including those involving motorcycles or transport trucks
Pedestrian accidents
Violent crimes
Fires or explosions
Workplace incidents involving machinery or other risks
Slips, trips, and falls

Due to the many possible causes of a catastrophic injury, the scope of diagnoses is quite extensive. The types of injuries that are considered catastrophic include, but are not limited to:

Paralysis, either partial or total
Amputation or significant loss of function in a limb
Blindness
Brain, spinal, or back injury
Severe psychological conditions
A combination of effects that, confirmed by a physician, result in at least 55% whole person impairment (WPI) rating

Catastrophic Injury Progression

The full impact of an injury may not always be immediately apparent. Typically, many people are fairly hopeful right after an accident and expect to make a full recovery with enough time and effort. However, a lack of progress or slowing of improvement can be signs that the injury will not heal completely and leave you with ongoing issues. Some injuries, particularly ones that affect the brain and spine, can take longer to show their full ramifications.

Hiring an Experienced Legal Team

The expenses and financial strain that ripple from a catastrophic injury can add up. At Bergeron Clifford, we understand the importance of seeking adequate compensation for your injuries to help ensure you can live life as close to how you did before the accident. Our team takes into account both physical and mental damages as well as the outcomes these complications have had on your life. Our years of experience, proven track record, and passion for securing our clients’ fair settlements keep us motivated, and our goal is to ease your burdens that resulted from an untimely tragedy. To learn more about our process, please contact us.

Catastrophic Injury Case Summary

Our client was stopped in traffic at a red light when a distracted driver abruptly rear-ended their vehicle. Our client’s head whipped back and forth and struck off the steering wheel, but the airbag didn’t deploy because of the angle of the collision. The impact was so severe that the vehicle’s trunk was crushed up to the rear wheels, and our client momentarily lost consciousness.

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How Our Client’s Life Was Impacted

Unfortunately, our client’s injuries never resolved, and they developed into a deep-seated chronic pain condition. Our client suffered daily headaches, mental fog and mental fatigue, poor sleep, and pervasive pain throughout her body. The resulting physical and mental strain adversely impacted her ability to work, interact with colleagues, and manage daily household responsibilities, further affecting her emotional well-being.

After rigorous efforts from our team, the Accident Benefits car insurer officially recognized her condition as catastrophically impaired.

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Results of the Personal Injury Case

We advocated diligently on behalf of our client against her Accident Benefits insurer, her LTD insurer, CPP Disability, and the Tort insurer for the at-fault driver. We were successful on all fronts, and our client obtained significant financial settlements and compensation from each claim.

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Extent of the Catastrophic Injuries

Following the accident, our client was diagnosed with a concussion, significant whiplash, and soft tissue damage in her upper back and shoulders.

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Impact of The Settlement

The settlements obtained were crucial to our client’s long-term medical recovery and allowed her to pay for ongoing treatment. Our client also avoided losing her home and was able to pay her mortgage. She also put aside money to cover her unwanted and unexpected early retirement and to pay for her kids’ college and university.

Contact Us Today

If you have suffered a catastrophic injury, contact us at 866-535-5459 or fill out our online form. We represent clients throughout Eastern Ontario and can meet you at any of our office locations, including Kingston, Ottawa, Whitby, Carleton Place, Perth. We can also come to your home, hospital, or wherever is most convenient for you.

Frequently Asked Questions

When should I consult a catastrophic injury lawyer?

Consulting a catastrophic injury lawyer should be a priority if you or a loved one has suffered a severe injury due to someone else’s negligence. Here are some crucial considerations:

Immediately After the Injury: Consult a lawyer as soon as possible after the catastrophic injury occurs. Prompt action can help preserve evidence and ensure you meet any legal deadlines.
Complex Cases: Catastrophic injury cases are often complex, involving significant medical expenses, long-term care needs, and emotional trauma. Our lawyers can help you navigate these complexities.
Insurance Issues: Dealing with insurance companies can be challenging. We are here to negotiate on your behalf and protect your rights when dealing with insurers.
Determining Liability: Our lawyers can investigate the circumstances surrounding your injury, identify liable parties, and assess the strength of your case.
Statutes of Limitations: Legal time limits, known as statutes of limitations, vary by jurisdiction and can affect your ability to file a claim. Consulting with our team early ensures you don’t miss these deadlines.

What is the legal process for pursuing a catastrophic injury claim?

The legal process for pursuing a catastrophic injury claim typically involves several steps:

Consultation: Meet with a lawyer from our team to discuss your case, assess its merits, and determine the best course of action.
Investigation: Our team gathers evidence, interviews witnesses, and assesses the extent of your injuries and damages.
Filing a Lawsuit: If initial negotiations with the at-fault party or their insurer don’t result in a fair settlement, we will file a lawsuit on your behalf.
Discovery: All relevant information and evidence are exchanged between both parties.
Negotiation: Settlement negotiations may occur at various stages of the process.
Trial: If a settlement isn’t reached, the case goes to trial, where both sides present their arguments, evidence, and witnesses.
Verdict and Appeal: A verdict is reached, and if necessary, either party may appeal the decision.

The specific timeline can vary widely depending on factors such as the complexity of the case, court availability, and negotiation efforts.

How long does it take to resolve a catastrophic injury lawsuit?

The duration of a catastrophic injury lawsuit varies from case to case, and it’s challenging to provide an exact timeline. Several factors influence the timeline, including:

Complexity of the Case: More complex cases may take longer to resolve due to the intricacies involved in gathering evidence and building a strong argument.
Negotiation vs. Trial: Cases that settle out of court tend to resolve faster than those that go to trial, which can be a lengthier process.
Court Dockets: The court’s schedule and backlog can affect the timing of your trial date.
Opposing Party’s Cooperation: The willingness of the opposing party to negotiate and cooperate can impact the speed of resolution.

In general, catastrophic injury cases can take months or even years to reach a conclusion. Our lawyers will work diligently to achieve a fair and just resolution as efficiently as possible while ensuring your rights and best interests are protected throughout the process.

What if I can't afford legal representation for my catastrophic injury case?

We understand that the financial burden of a catastrophic injury can be overwhelming, and you may be concerned about the cost of legal representation. At Bergeron Clifford, we offer free consultations and work on a contingency fee basis to ensure those who need support from a legal standpoint can retain the representation they need.

Free Consultations: During this meeting, you can discuss your case, evaluate your options, and get a better understanding of our process. We’ll answer any questions you may have and provide you with our advice from a legal perspective.
Contingency Fee Basis: This means that you don’t pay any legal fees unless we successfully secure fair compensation for you. At that time, fees account for a percentage of the settlement obtained.

Sources

1. National Academies of Sciences, Engineering, Health and Medicine Division, Board on Health Care Services, and Committee on the Review of the Department of Veterans Affairs Examinations for Traumatic Brain Injury. 2019. Diagnosis and Assessment of Traumatic Brain Injury. Www.ncbi.nlm.nih.gov. National Academies Press (US). https://www.ncbi.nlm.nih.gov/books/NBK542595/.

2. World Health Organization. 2013. “Spinal Cord Injury.” Who.int. World Health Organization: WHO. November 19, 2013. https://www.who.int/news-room/fact-sheets/detail/spinal-cord-injury.